INTRODUCTION

In 2003, Nigeria adopted the Child Rights Act to domesticate the Convention on the

Rights of the Child. The Children's Rights Act of 2003 expands the human
rights bestowed to citizens in Nigeria's 1999 constitution to children. Although this law
was passed at the Federal level, it is only effective if State assemblies also codify the
law. The bill was first introduced in 2002, but did not pass because of opposition from the
Supreme Council for Shari'a.  The act was officially passed into law in 2003 by Former
President Chief Olusegun Obansanjo as the Children's Rights Act 2003, in large part
because of the media pressure that national stakeholder and international organizations
put on the National Assembly

The Child Rights Act itself is 230 pages long and contains 278 different sections.

Content of child right act of 2003 in Nigeria

Part I- mandates that when a child is concerned, their best interest is to take precedent. It
goes on to state that the parent or legal guardian is obligated to fulfill the duty to give the
child basic protection.

Part II- specifies that the Article IV of Nigeria's 1999 constitution and any other federal
law which details fundamental rights should be seen as being part of the act. This article
details the rights, freedoms and responsibilities of children. It goes on to state specific
rights for children including the right to: survival, a name, family life, private life,
dignity, recreation, cultural activities, health services, and education.

Part III- discusses the ways in which a child shall be protected. These include protection
from child marriage as well as the punishments for the act to the adult parties involved.
Other protections include: not being harmed (including being marked with tattoos) or
from sexual violence, being shielded from exploitative labor, or being enlisted in
any military operation.

Part IV- lists the reasons when a child assessment order may be sought as well as the
reasons and duration which emergency protection orders shall be given to a child. It is

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also made clear the obligations of a state government when it is disclosed to that
institution that a child is being harmed.

Part V- indicates the circumstances in which a child shall be brought to court in order to
determine if they need protection. This part also stipulates the type of person who shall be
allowed to make such a decision using the guidelines detailed in this section.

Part VI- enumerates the ways and manner in which a court must proceed after a child
assessment order is made.

Part VII- allows for the court to use paternity tests in order to make decisions in civil
proceedings when it is unclear who the parents of a child are.

Part VIII- shows how decisions should be made about custody of a child.

Part IX- details who is allowed guardianship and the ways in which guardianship may be
transferred from one adult to another over a child.

Part X- establishes how a child becomes a ward of the court, that there may be payments
required of a previous guardian for the “maintenance” of their child, and the rules
regarding how a child may be released back into the custody of a guardian.

Part XI- outlines the circumstances in which a child may be fostered, the way in which
an adult may apply to foster a child, and the rules the adult fostering the child must
adhere to.

Part XII- requires that each state of Nigeria create a system for adoption services. This
section also outlines the process of applying for adoption and stipulates that the person
wishing to adopt a child must reside within the state that the child already lives.

Part XIII- creates a system of family courts with two levels, establishes a right to legal
counsel for all children, and devises safe guards (such as the withholding of the child's
name, school pictures or any identifying features) within a trial which are meant to
protect the child.

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Part XIV- mandates that every state creates a registry which shall track the names of the
children being supervised as well as the names of the individual nannies or day care
providers who are tasked with watching the children. This clause also grants the
government the power to inspect any premise in which “child minding” occurs.

Part XV- outlines that the instances where a state's government is required to step in to
protect the welfare of children.

Part XVI-XVIII - indicates the types of housing that may be established to house
children: community homes (or housing for children who are under the care of the
government or not), voluntary homes, and registered children's homes.

Part XIX- establishes that a minister may grant the inspection on children's homes for
the reasons listed in the clause.

Part XX- grants children the right to privacy in the court system. This section also makes
it clear that children are to be tried through the child justice system and not the courts
where adults are tried. It's indicated that within the Nigerian Police Force, there must be
individuals trained specifically to handle children. From a child's arrest to their treatment
in an institution, this section outlines the procedures.

Part XXI- show the ways in which “supervision officers” are appointed as well as the
duties of the specially appointed officers.

Part XXII- specifies that this act allows for the minister to create specific institutions
meant to meet the needs of children. These centres include (but are not limited to):
Children Residential Centres, Emergency Protection Centres, and a Children Correction
Centres.

Part XXIII- creates the National Child Rights Implementation Committee which must

consist of one representative from fourteen of Nigeria's government bodies. The function
of the committee is to take actions which will lead to the observance of the act itself as
well as other human rights treaties Nigeria has signed onto.

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Part XXIV- is labeled as “miscellaneous” and touches on some of the legal implications
any corporations may face for not following this act. This section also further defines
terms.

SUMMARY OF CHILD RIGHTS ACT IN NIGERIA

1. Every child has the right to be born well.

It is the responsibility of the parents to make sure they can provide a safe environment for
their unborn child. This includes proper medical attention and care from conception,
birth, and throughout childhood years in a newborn services unit or pediatric center.
2. Every child has the right to a wholesome family life: The child’s first learning
environment and teachers are their home and family. They are entitled to be a part of a
loving family that will instill ethical values and morals in them.
3. Every child has the right to be raised well and become contributing members of
society: By raising them in a safe and loving environment, parents and guardians can
shape the personalities of their young to be useful and contributing members of their
respective communities when they grow older.

4. Every child has the right to basic needs.: The four basic needs of people outlined in
the law are as follows: a balanced diet, adequate clothing, sufficient shelter, and proper
healthcare. This also includes any other requirements to lead a healthy and active life.
5. Every child has the right to access what they need to have a good life.
This right goes beyond the basic needs and focuses more on the atmosphere of the place
they will be raised in. A child’s needs must always be attended to so they feel the support
of people around them, which in turn will build and strengthen their character in
adulthood.
6. Every child has the right to education: In an ideal world, every child should have the
means to go to a classroom and have access to books and learning materials that can
enrich their intelligence and skills.

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7. Every child has the right to play and enjoy their youth: Children have the right to
engage in wholesome recreational activities whenever they wish and not be exploited for
events that are deemed only for adults to do, i.e., intensive manual labor.
8. Every child has the right to be protected from danger:

This includes all hazards that could affect their physical, mental, and emotional states,
such as removing them from dangerous living situations, preventing them from getting
into accidents, or protecting them from the abuse of adults, to name a few.
9. Every child has the right to live in a productive environment:

Children should be surrounded by safe communities that inspire them to give back when
they are older. This means staying away from bad influences and situations that can cause
harm to their health.

10. Every child has the right to be cared for in the absence of their parent or
guardian: If the parent or guardian fails to fulfill their role, the State shall assume
custody and care for the child, providing them with their fundamental needs for growth
and development.

11. Every child has the right to good governance: Children also have a right to be born
under the presence of good governance that can inspire them to become a helpful and
active citizen. This doesn’t necessarily mean they have to get involved with politics but
rather have an interest in being involved in political discussions for the betterment of
their country.

12. Every child has the right to freedom and peace: Last but not the least, every child
is entitled to do whatever they want in their lives, so long as it contributes to the peace
and betterment of the communities they are a part of.

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Conclusion

The Nigerian Child’s Rights Act 20031 has made elaborate provisions for the rights of
children in Nigeria. It is not only the first comprehensive legislation on the rights of
children. Nigeria being a member state of both the United Nations and the African Union
is expected not only to ratify the above treaties, but also to domesticate their provisions
so that the rights could be directly enforceable in the municipal courts.

Although, Nigeria eventually signed and ratified the two instruments,18 it did not
domesticate their provisions as provided in the Constitution of the Federal Republic of
Nigeria because of dissatisfaction with the depth and scope of the rights contained in the
two treaties (AjaNwachuku, 2017). Rather, Nigeria chose to enact its own law on child’s
rights in Nigeria albeit, borrowing heavily from the two treaties. This led to the
enactment of the Nigerian Child’s Rights Act, 2003.20 Section 16(1) of the Act provides
the omnibus clause, almost similar to the Charter and Convention above:Every child who
is in need of special protection measures has the right to such measure of protection as is
appropriate to his physical, social, economic, emotional and mental needs and under
conditions, which ensure his dignity, promote his self-reliance and active participation in
the affairs of the community

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References

ogunniyi, d (2018). "the challenge of domesticating children's rights treaties in Nigeria

and alternative legal avenues for protecting children". journal of african law. 62:
447–470 via cambridge university press.

united nations (2010). "written replies by the government of nigeria to the list of issues
(crc/c/nga/q/3-4) related to the consideration of the third periodic report of nigeria
(crc/c/nga/3-4)". convention on the rights of the child: 2–5.

emelonye, u. (2014). "proportionality and best interests: calibrating the twin pillars of
child justice in nigeria" (pdf). University of helsinki: 25.

"child rights act, 2003" (pdf). Government of nigeria: 451–673. 2003.

opeloye, m..( 2016). "child rights act 2003 in nigeria: what implications for the
application of child's rights in islam?" (pdf). 1st international conference on women
and children legal and social issues: 183–189.